Conley v. Boll Weevil Pawn Co., Inc. (Majority, with Concurring and Dissenting)Annotate this Case
The Supreme Court reversed the order of the circuit court denying Appellant’s third amended motion for class certification and remanded for further proceedings, holding that the trial court abused its discretion by not providing Appellants with specific findings of fact and conclusions of law thereon in its order denying class certification.
After filing a third amended motion for class certification, Appellant filed a request pursuant to Ark. R. Civ. P. 23 and Ark. R. Civ. P. 52 for specific findings of fact and conclusion of law with respect to his request for class certification. The circuit court denied class certification without speaking to adequacy, predominance or superiority. The Supreme Court reversed, holding (1) the circuit court’s order did not satisfy Rule 52’s requirements of “specific findings of fact and conclusions of law”; and (2) it would be advisory to address the parties’ remaining arguments at this juncture.